TELEPHONE CONSUMER PROTECTION ACT (TCPA)

In order to protect consumers from being bombarded by telemarketing calls and texts, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227, Et Seq. (“TCPA”). The TCPA prohibits companies from sending automated marketing messages without obtaining a consumer’s “express written consent.”

The Federal Communications Commission (“FCC”), the agency responsible for passing regulations to enforce the TCPA, has stated that the written agreement must contain the consumer’s consent and also contain disclosures which are “clear and conspicuous.”

DAMAGES

The TCPA provides for damages equal to the greater of actual monetary loss or $500 for each violation of the statute. Moreover, if a defendant willfully or knowingly violated the law, damages are trebled to $1500 per violation. Courts have determined that the “willful or knowing” standard requires a defendant’s actions to be intentional, but not to require that the defendant was actually aware it was violating a statute.